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NEW YORK AVE.. N.W., WASHINGTON. D.C^OOOf, C701 — 1978
55
CHANGE ORDER NO. 4
CHEMISTRY BUILDING REFRIGERATION MACHINE PROJECT
CHANGE
ORDER Swr°nt0: D.
A,A DOCUMENT C707 CONTACTOR g
FIELD □
OTHER □
NUMBER: 4 «d Final
TO (Contractor): INITIATION DATE: September 12, 1983
f~~ 1 ARCHITECT'S PROJECT-NO: 82108.00
P^T'box^IS CONTRACT FOR; Chemistry Bldg. Ref.
Lufkin, TX 75901 Machine, Stephen F. Austin State Univ.
I ^_J CONTRACT DATE: January 25, 1983
You are directed to make the following changes in this Contract:
1. install conduit & wire for air handling unit in $ 149 00
telephone equipment room. * 149.00
2. Remove existing condenser water pump, cake to motor shop
to tag windings, re-install and align coupling. 256.00
and°re-fnstall?r ^ ^^ "°' "' ***** f°r 46° V°ltS
Jo^I^T fr°! hOt Water Pump for Rusk B"ilding, rewind
for 460 volts and re-install. 500 00
5. Remove motor from #2 condensate return pump and replace 369 00
with new motor rated for 460 volts. u
6. Remove motor from #1 condensate return pump and replace 511 on
with new motor rated for 460 volts. ->-lj-.uu
$2,488.00
Not valid until signed by both the Owner and Architect. " " ~~
Signature ol the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) G§X!XX!X}gs£]£^^ was $ 2Q6 280 00
Net change by previously authorized Change Orders 5 23 * 657 * 55
The (Contract Sum) (0ti of Regfents, Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
69
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. G. Evans DBA T, G, Evans Company, an individual
of (2) Nacogdoches, Texas , . ,t ., ,
— - 1 , hereinafter called
Principal and (3) United States Fidelity and Guaranty of
Baltimore state of Maryland
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS. STEPHEN F, AUSTIN STATS UNIVERSITY
hereinafter called Owner, in the penal sum of
Twenty-Three Thousand Five Hundred Sixty Seven and no/100
DOLLARS ($ 23,567,00 >, to lawful money of ^
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS .^STEPHEN F. AUSTIN STATE UNIVERSITY.
the Owner, dated the 27th da of October A n
■~"—"——————-— J y i\ . JJ . ,
1983_, a copy of which is attached hereto and made a part hereof
for the construction of:: Information Booth - Stephen F. Austin State
University - Nacogdoches, Texas
70
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(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such. Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
71
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IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
27th day of October , A.D., 1983
ATTEST:
T. G. Evans DBA T. 6. Evans Company
Principal
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
Surety) Secretary
Witness alg to Surety
Address
United States Fidelity and Guaranty
Surety
Attorney-in-Fact Gary Willis
Oduf
, *•%-
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
PAYMENT BOND 72
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACO5DCCKES
KNOW ALL MEN 3Y THESE PRESENTS: That we
(1) T. G. Evans DBA T. G. Evans Company
a (2) Individual
of Nacogdoches, Texas hereinafter called Principal and
(3United States Fidelity and Guaranty^ Baltimore t
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4) Z.CARD CF REGENTS,
STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Twenty-Three Thousand five Hundred Sixty Seyen and no/100
_DOLLARS ($ 23,567.00 )
in lawful money of the United States, to be paid in (5) Nacogdoches '
NACOGDOCHES COUNTY, TEXAS . for the payment of which.sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that Whereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner, '
73
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dated the 27th day of October
a copy of which is hereto attached and made a part hereof for the
construction of: Information Booth - Stephen F. Austin State University
Nacogdoches, Texas
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees; that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied
74
-3-
IN WITNESS WHEREOF, this instrument is executed in six
:ounterparts, each one of which shall be deemed an original, this the
27th day of October , A.D., 1983
ATTEST:
(Principal) Secretary
SEAL
Witness as to Principal
Address
ATTEST:
(^urety) Secretary
Witness as^to Surety
Address
United States Fidelity and Guaranty
Surety
Attorney-in-Fict Gary Willis
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
CONTRACT
ARCHITECTURAL SERVICES
KENT-MARSELLOS-SCOTT
75
76
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES $
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made as of the First day of November in
the year Nineteen Hundred and Eighty Three and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect for the following project:
DORMITORY 1984
The Owner and the Architect agree as set forth below.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect Shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as stated in Article 14.
All such payments and every payment herein provided shall be
from Pledged Property Surplus
and other funds available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
77
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described
in Paragraphs 1.1 through 1.5 and include normal structural,
mechanical and electrical engineering services and any other services
included in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall review the under
standing of such requirements with the Owner.
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78
1.1.2 The Architect shall provide a preliminary evaluation of the program
and the Project budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alternative approaches to
design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project budget re
quirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjust
ments authorized by the Owner in the program or Project budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements
as may be appropriate.
1.2.2 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope of quality of the Project or in the Project budget
79
authorized by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings and Specifi
cations setting forth in detail the requirements for the construction of
the Project.
1.3.2 The Architect shall assist the Owner in the preparation of the necessary
bidding forms, the Conditions of the Contract, and the form of the Agree
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of
government authorities having jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is due, or in the absence of a final Certificate for
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80
Payment or of such due date, sixty days after the Date of Substantial
Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and incorporated in the
Contract Documents, the Architect shall provide administration of the
Contract for Construction as set forth below and in the edition of ALA
Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during the Construc
tion Phase, and shall advise and consult with the Owner. Instructions
to the Contractor shall be forwarded through the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent pro
vided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Architect in writing to become
generally familiar with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents.. Hpwever, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of such on-sits observations as an
Architect, the Architect shall keep the Owner informed of the progress
and quality of the work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
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81
1.5.5 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, for the acts or omissions of the Contractor, Subcon
tractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.5.6 The Architect shall at all times have access to the Work wherever it is
in preparation or progress .
1.5.7 The Architect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the Architect's observations at
the site as provided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work has progressed
to the point indicated; that, to the best of the Architect's knowledge,
information, and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents correctable
82
prior to completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. However, the issuance of a
Certificate for Payment shall not be a representation that the Architect
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the Contract
Sum.
1.5.9 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the Owner and
the Contractor relating to the execution or progress of the Work or the
interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and
shall be in written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to secure faithful performance by
any interpretation or decision rendered in good faith in such capacity.
1.5.11 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
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Architects decisions on any other claims, disputes or other matters, includ
ing those in question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in the Contract
Documents.
1.5.12 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in the Architect's
reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, the Architect will have author
ity to require special inspection or testing of the Work in accordance
with the provision of the Contract Document, whether or not such Work
be then fabricated, installed or completed.
1.5.13 The Architect shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for conformance with the design concept of the
Work and with the information given in the Contract Documents, Such
action shall be taken with reasonable promptness so as to cause no delay.
The Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall have
authority to order minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
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1.5.15 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations of authority
of the Architect as the Owner's representative during construction
shall not be modified or extended without written consent of the
Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive representation
at the site than is described in Paragraph 1.5 shall be provided, the
Architect shall provide one or more Project Representatives tc assist
the Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed .
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe the duties,
responsibilities and limitations of authority of such Project Representatives,
1.6.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects
and deficiencies in the Work, but the furnishing of such project representa
tion shall not modify the rights, responsibilities or obligations of the
Architect as described in Paragraph 1,5.
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1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so
identified in Article 15. They shall be provided if authorized or con
firmed in writing by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition to the compensation
for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites, and preparing special
surveys, studies and submissions required for approvals of govern
mental authorities or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilties, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.7.6 Preparing documents of alternate, separate or sequential bids or pro
viding extra services in connection with bidding, negotiation or con
struction prior to the completion of the Construction Documents Phase,
when requested by the Owner.
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1.7.7 Providing coordination of Work performed by separate contractors
or by the Owner's own forces.
1.7.8 m Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning
and operating costs, or detailed quantity surveys or inventories of
material, equipment and labor.
1.7.10 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture,
furnishings and related equipment.
1.7.11 Providing services for planning tenant or rental spaces.
1.7.12 Making revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the
adjustment in the Basic Compensation resulting from the adjusted Con
struction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not
solely within the control of the Architect.
87
1.7.14 Making investigations, surveys, valuations, inventories or detailed
appraisals of existing facilities, and services required in connection
with construction performed by the Owner.
1.7.15 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default of the Contractor,
or by major defects or deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner pr Contractor under the Contract
for Construction.
1.7.17 Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked-up
prints, drawings and other data furnished by the Contractor to the
Architect.
1.7.18 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, pre
paration of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.7.19 Providing services after issuance to the Owner of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more
than sixty days after the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
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1.7.21 Providing services of consultants for other than the normal architectural,
structural, mechanical and electrical engineering services for the Project.
1.7.22 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE ?.
THE OWNER"S RESPONSIBILITIES
2 • 1 The Owner shall provide full information regarding requirements for
the Project including a program, which shall set forth the Owner's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expandability, special equipment and
systems and site requirements .
2.2 If the Owner provides a budget for the Project it shall include contingen
cies for bidding, changes in the Work during construction, and other
costs which are the responsibility of the Owner, including those des
cribed in this Article 2 and in Subparagraph 3 .1.2. The Owner shall,
at the request of the Architect, provide a statement of funds available
for the Project, and their source.
2.3 The Owner shall Designate , when necessary, a representative authorized
to act in the Owner's behalf with respect to the Project. The Owner or
such authorized representative shall examine the documents submitted
by the Architect and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of the Architect's services.
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89
2.4 The Owner shall furnish a legal description and a certified land
survey of the site, giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights-of-way , restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete data pertaining
to existing buildings, other improvements and trees; and full information
concerning available service and utility lines both public and private,
above and below grade including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers or other con
sultants when such services are deemed necessary by the Architect.
Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining sub
soil, air and water conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents .
2.7 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including
, such auditing services as the Owner may require to verify the Con
tractor's Applications for Payment or to ascertain how or for what pur
poses the Contractor uses the moneys paid by or on behalf of the Owner.
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2.8 The services, information, surveys and reports required by Paragraphs
2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
2.9 If. the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract Documents,
prompt written notice thereof shall be given by the Owner to the
Architect.
2.10 The Owner shall furnish required information and services and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the
Architect.
3.1.2 The Construction Cost shall include at current market rates, including
a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the Owner and any equipment which has been
designed, specified, selected or specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the Architect
and the Architect's consultants, the cost of the land, rights-of-way,
or other costs which are the responsibility of the Owner as provided in
Article 2 .
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3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, Statements of Probable
Construction Cost and Detailed Estimates of Construction Cost, if any,
prepared by the Architect, represent the Architect's best judgment
as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has
control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary
from the Project budget proposed, established or approved by the
Owner, if any, or from any Statement or Probably Construction Cost or
other cost estimate or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as a condition
of this Agreement by the furnishing, proposal or establishment of a
Project budget under Subparagraph 1.1.2 or Paragraph 2.2 or otherwise,
unless such fixed limit has been agreed upon in writing and signed by
the parties hereto . If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component '
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Any such fixed limit shall be
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increased in the amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced within three
months after the Architect submits the Construction Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be
adjusted to reflect any change in the general level of prices in the con
struction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided
• in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize renegotiating of the Project
within a reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction Cost. In the
case of (4), provided a fixed limit of Construction Cost has been es
tablished as a condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and Specifications as
necessary to comply with the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility arising from the estab
lishment of such fixed limit, and having done so, the Architect shall
be entitled to compensation for all services performed, in accordance
with this Agreement, whether or not the Construction Phase is commenced.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of all the
Architect's personnel engaged on the Project, and the portion of the cost
of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.. 1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect and the Architect's employees and consultants in the interest
of the Froject for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings, Specifi
cations and other documents, excluding reproductions for the office use
of the Architect and the Architect's consultants.
5.1.3 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
5.1.4 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's consultants.
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5.1.5 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess
of that normally carried by the Architect and the Architect's
consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall be
in proportion to services performed within each Phase of Services,
on the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially established in the
contract for Construction is exceeded or extended through no fault of the
Architect, compensation for any Basic Services required for such ex
tended period of Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.2 for Additional Services.
6.1.3 When compensation is based on a percentage of Construction Cost, and
any portions of the Project are deleted or otherwise not constructed, com
pensation for such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance with the schedule
set forth in Subparagraph 14.1.2 based on (1) the lowest bona fide bid
or negotiated proposal, or, (2) if no such bid or proposal is received,
the most recent Statement of Probably Construction Cost or Detailed
Estimate of Construction Cos1: for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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6.2.1 Payments on account of the Architect's Additional Services as defined
in Paragraph 1.7 and for Reimbursable Expenses as defined in Article
5 shall be made monthly upon presentation of the Architect's statement
of services rendered or expenses incurred.
6 .3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is abandoned in whole or in part, the Architect shall
be compensated for all services performed prior to receipt of written
notice from the Owner of such abandonment, together with Reimbur
sable Expenses then due and all Termination Expenses as defined in
Paragraph 10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall be equitably
adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1. Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services and services performed on the basis of a Multiple of
Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
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ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. The Owner shall be permitted to retair
copies of Drawings, Specifications for information and reference in
connection with the Owner's use and occupancy of the Project. The
Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this project, or for completion of this Project
by others provided the Architect is not in default under this Agreement,
except by agreement in writing and with appropriate compensation
to the Architect.
8.2 Submission or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed ;
as publication in derogation of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims. disputes and other matters in question between the parties
to this Agreement, arising out of or relating r:o this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration -Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of or relating to this Agreement, shall include,
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by consolidation, joinder or in any other manner, any additional person
not a party to this Agreement except by written consent containing a
specific reference to this Agreement and signed by the Architect, the
Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or person shall not constitute
consent to arbitration of any dispute not described therein. This
Agreement to arbitrate and any agreement to arbitrate with an addi
tional person or persons duly consented to by the parties to this Agree
ment shall be specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associa
tion. The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven days-written
notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
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10.2 This Agreement may be terminated by the Owner upon at least seven
days' written notice to the Architect in the event that the Project is
permanently abandoned.
10.3 In the event of termination not the fault of the Architect, the Architect
shall be compensated for all services performed to termination date,
together with Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable to termina
tion for which the Architect is not otherwise compensated, plus an
amo